113 



Hearing Statement 



William K. Boe 



to U.S. House Committee on Resources 



May 15, 1996 



Page 2 



illegal grain within the area I had hunted; and disappointed in that an afternoon of fellowship 

 had been abruptly ended. 



I asked the agent where the bait was located - it was a large field! He said it is "scattered 

 everywhere." I requested that he identify the location of the grain in relationship to where I 

 had been hunting. The agent said, "It's everywhere!" I again requested he physically show 

 me the "bait." I pointed to where I had been hunting, and asked "Where is the grain in 

 proximity to where I have been hunting?" The agent did not and would not show me. 



I went to the clump of trees where about 50 hunters were detained for questioning. All of 

 the agents wore hunting attire or military type fatigues. As a twice-wounded Vietnam 

 combat veteran, I considered their dress inappropriate and provocative. Combat fatigues are 

 for combat. Were the hunters to be considered "the enemy" justifying combat attire by 

 federal agents? Questions asked included place of employment and profession. The agent 

 continued to write a report on the event. I requested my report identify the specific location 

 of where I had been hunting and the proximity of alleged "bait" to that site. The agent 

 appeared confused at that request — I later learned why. That information is actually 

 irrelevant! After an hour of being detained, our birds were confiscated as evidence, our 

 license returned, and we were released and told our individual case would be investigated 

 and we may receive citations. 



In reality, we had already been collectively indicted, tried, and convicted. 



Following the hunt I was never contacted by anyone from U.S. Fish and Wildlife. My next 

 contact would be the citation stating I must pay $350.00 or go to court and face more serious 

 penalties. The citation letter was intimidating and more like an extortion letter. 



Following the hunt, I learned several of the University of Florida students had been detained 

 for questioning, including students hunting in the adjacent field, a field separated by a fence 

 from the alleged "baited field." Why would the students hunting in a different field also be 

 detained? The agents did not inspect that field or find "bait" there, yet they too would 

 receive citations and fines! Two of the students, unable to afford the intensive fines, would 

 defend themselves in federal court in Gainesville, Florida, and would be acquitted. Why did 

 they ever receive citations when hunting in a separate field? Is accountability required from 

 the agents for this action? 



Upon receiving my citation, I retained legal counsel from Len Register of Davis and 

 Register, PA, Gainesville, Florida. Mr. Register investigated the "baiting law" and 

 recommended that I pay the fine in that the law does not require the hunter to have intent of 

 hunting on a baited field. I was told the size of the field can be a few acres or hundreds of 

 acres. If bait is determined to have been in the field (size of field undefined) anytime during 



